Wednesday, May 25, 2005

It will be built at PennState. Three board members of the DickinsonSchoolofLaw opposed it.

By Mark Scolforo, Associated Press

The DickinsonSchoolofLaw and Pennsylvania State University can go ahead with a plan to build a second law-school campus in State College, a county judge ruled yesterday.

The DickinsonSchoolofLaw and Pennsylvania State University can go ahead with a plan to build a second law-school campus in State College, a county judge ruled yesterday.

Cumberland County Judge Edward E. Guido, ruling against law school board members trying to stop the new campus, said the board "exercised due care, including reasonable inquiry, skill and diligence, as a person of ordinary prudence would use under similar circumstances."

The suit to stop the dual-campus plan was filed by DickinsonSchoolofLaw board members Leslie Anne Miller, Gov. Rendell's former general counsel; and her father, lawyer G. Thomas Miller; and emeritus board member Tom P. Monteverde.

They were on the losing side of a 17-14 vote by Dickinson's board in January to accept PennState's proposal. They believe the second campus may eventually spell the end of the law school's original Carlisle campus.

Last week, Guido dismissed their suit against PennState. Yesterday's ruling involved their suit against the board and its chairman.

PennState and the law school, established in Carlisle in 1834, completed a merger in 2000.

Monteverde, a Philadelphia lawyer who joined the board in 1976, said he and the Millers had not decided whether to appeal.

The January deal would have kept open the Carlisle campus for at least 10 years, but more recently Rendell gave PennState up to $25 million in state funds to renovate and expand the law school in return for a commitment to operate it in Carlisle for at least 20 years.

Monday, May 23, 2005

The Associated Press CARLISLE -- Lawyers on Friday debated whether the governing board of PennState's law school should have gotten an independent analysis before approving a plan to build a second campus at the University Park campus.

The Associated Press

CARLISLE -- Lawyers on Friday debated whether the governing board of PennState's law school should have gotten an independent analysis before approving a plan to build a second campus at the University Park campus.

Jack Stover, a lawyer for The DickinsonSchoolofLaw board of governors, said there was no such requirement and that dissenting board members had plenty of time to call for one during more than a year of deliberations.

"You can't in hindsight come back after the fact and say, 'Oh, gosh. You should have done something differently,'" Stover said in closing arguments.

But John Stoviak, a lawyer for those suing to stop the dual-campus plan, said PennState officials and the law school dean had been pushing for a University Park campus from the beginning and wielded too much authority.

"This process is flawed from the get-go because it's controlled by advocates," Stoviak said. "They're not talking about what's the best thing. They're talking about how to get the votes."

Cumberland County Judge Edward E. Guido said he would issue an order Monday.

The plaintiffs -- Leslie Anne Miller, Gov. Ed Rendell's former general counsel; her father, lawyer G. Thomas Miller; and emeritus board member Tom Monteverde -- were among those who dissented when Dickinson's board voted 17-14 to accept PennState's proposal on Jan. 15.

The trio sued, arguing that the proposal would allow PennState to eventually close the original campus. PennState and DickinsonSchoolofLaw merged beginning in 1997, and the lawsuit alleged the two-campus plan would "unilaterally terminate" an agreement that required PennState to keep the law school permanently in Carlisle. The merger was completed in 2000.

The two-campus plan approved in January called for PennState to keep the Carlisle campus open for at least 10 years while it develops the State College campus. More recently, Rendell negotiated an agreement with PennState that would increase the university's commitment to Carlisle to at least 20 years in exchange for up to $25 million in state funding for renovating and expanding the Carlisle campus.

Friday, May 20, 2005

Centre Daily Times (State College, PA)

May 20, 2005

Judge dismisses suit against PennState over law school plan

The Associated Press CARLISLE -- PennState might have used heavy-handed tactics in getting its law school's governing board into accepting a second campus, but it didn't do anything illegal, a judge ruled today.

CARLISLE -- PennState might have used heavy-handed tactics in getting its law school's governing board into accepting a second campus, but it didn't do anything illegal, a judge ruled today.

Cumberland County Judge Edward E. Guido dismissed the case against PennState brought by three Dickinson Law School board members trying to stop PennState from building a second law school at its University Park campus.

However, the judge did not dismiss the three board members' suit against the board and its chairman, H. Laddie Montague. A hearing on that lawsuit will continue.

The plaintiffs -- Leslie Anne Miller, Gov. Ed Rendell's former general counsel; her father, attorney G. Thomas Miller; and emeritus board member Tom Monteverde -- were among those who dissented when Dickinson's board voted 17-14 to accept PennState's proposal on Jan. 15.

The trio sued, arguing that the proposal would allow PennState to eventually close the original campus.

PennState and The Dickinson Law School merged beginning in 1997, and the lawsuit alleged the two-campus plan would "unilaterally terminate" an agreement that required PennState to keep the law school permanently in Carlisle. The merger was completed in 2000.

"We're obviously pleased that the judge ruled in our favor," said Rodney Erickson, PennState's executive vice president and provost. "We have a plan that ... makes an unprecedented investment in The DickinsonSchoolofLaw. Our goal is to move Dickinson into the top tier."

John Stoviak, the plaintiffs' attorney, did not immediately return a phone call by The Associated Press left at his office after business hours today.

Approved in January, the two-campus plan called for PennState to keep the Carlisle campus open for at least 10 years while it develops the State College campus. More recently, Rendell negotiated an agreement with PennState that would increase the university's commitment to Carlisle to at least 20 years in exchange for up to $25 million in state funding for renovating and expanding the Carlisle campus.

Wednesday, May 11, 2005

Gov. Ed Rendell announced Tuesday that he has released $25 million to help pay for renovations to the PennStateDickinsonSchoolofLaw's Carlisle campus.

That money will provide matching funds for the $10 million PennState plans to spend on improvements to the Carlisle campus and another $10 million the university is raising. The state money will be administered through the Cumberland County Redevelopment Authority and is contingent on the university keeping the Carlisle campus open for at least 20 years.

PennState and the law school's board of governors reached an agreement earlier this year that allows the university to open a second law-school campus at University Park. In that agreement, PennState promised to keep the Carlisle campus open for at least 10 years.

Although PennState administrators said they had no intention of closing the campus, the clause stoked fears of some members of the board of governors and Carlisle residents that the campus would eventually be closed.

According to a news release issued by Gov. Ed Rendell's office Tuesday, PennState agreed to operate the full law school program in Carlisle for at least 15 years. After that, PennState agreed to keep it open for at least another five years, unless one of the following happens: the law school's accreditation can't be saved unless one or both campuses are closed; the university can't recruit enough suitable students for both campuses; or a change in legal education from the current three-year structure takes place.

In those cases, "a change in the structure of (the) law degree program in Carlisle could occur" in the last five years of the agreement.

"This agreement represents a tremendous compromise that will ensure the Carlisle campus of Dickinson Law School remains a viable facility, while protecting our fiduciary responsibilities to the commonwealth and PennState," Rendell said.

"This agreement demonstrates our collective long-term commitment to legal education in Carlisle," PennState President Graham Spanier said in a written statement.

Under the agreement, PennState would have to return the state money to the redevelopment authority if the university did close the Carlisle campus. In that event, the Dickinson Law School Association could take over the campus building and run an independent law school or find a new affiliation.If the association chose not to operate the law school, PennState could sell the building and place the proceeds of the sale in the law school's endowment.

Three members of the board of governors filed a suit in Cumberland County Court challenging the agreement reached between the university and the board of governors. The case is scheduled to begin May 18.